Top Polish judge accuses leading political party of judiciary coup

Małgorzata Gersdorf, the most supreme judge in Poland, has published an open letter in which she accuses the ruling party of staging a “coup d’etat” by conducting controversial judiciary reform, according a report by BBC.

“A coup d’etat against the structure of one of the most important state institutions is taking place — not with armed force or paramilitary troops — but by the adoption of unconstitutional solutions, which, according to the formula of the famous philosopher Gustav Radbruch, is simply referred to as ‘statutory lawlessness,'”Gersdorf wrote.

According to Gersdorf, Polish President Andrzej Duda’s judiciary reform is “walking along the abyss in which an entire nation might fall.”

“I warn the government: do not break the social contract written in the form of the constitution,” she wrote.

Earlier in December, she spoke out on judiciary reform in the country.

“I am shattered. This is the end of the Supreme Court,” she said, according to an earlier Politico report.

The unpopular reforms, signed into law by Duda, allow politicians to pick members of judiciary council, a body which, in turn, appoints judges.

A second law within the reforms lowers the retirement age for the nation’s Supreme Court which would force resignations for almost half of court members.

The moves have caused the EU to initiate disciplinary measures against Poland, giving it three months to reconsider the new laws. Possible sanctions would be imposed if Poland does not comply with EU demands. The EU also called for member states to cast their vote on whether Poland has violated UE rules; such vote will need the backing of 22 out of the 28 member states, BBC reports. If found guilty of EU violations, Poland could be deprived of voting rights at EU summits.


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